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Harbin Urban Housing Units Management

Original Language Title: 哈尔滨市城市房屋拆迁管理办法

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(Adopted at the 22th ordinary meeting of the Government of the city of Halara, on 4 June 2004, by Decree No. 113 of 21 June 2004 on the date of publication)
Chapter I General
In order to strengthen the management of urban homes, to preserve the legitimate rights and interests of the dispersed parties, to ensure the smooth conduct of construction projects, and to develop this approach in line with the State Department's Regulations on Housing Demobilization Management and the Regulations on the Removation of Urban Housing in the Blackon Province.
Article 2, State-owned land demolitions in urban planning areas within the city's administration, and the need to compensate the dispersed and apply this approach.
Article 3. The demolition of urban homes must be in line with urban planning, which facilitates the rehabilitation and ecological improvement of the urban old urban areas and protects monuments.
Article IV. This approach refers to units that have access to housing demolition permits under the law.
This approach refers to units and individuals with demolitions.
The scheme refers to units and individuals holding lease documents or entering into lease contracts with the dispersed and dealing with the procedures in accordance with the law.
Article 5 Demobilization should be compensated for the dispersed, in accordance with this approach; the relocation of the dispersed should be completed within the time of relocation.
Article 6. Urban home demolition management oversees the relocation of urban homes throughout the city.
Regional (market) urban home demolition management oversees the relocation of urban homes within the Territory.
The relevant administration sectors of the city, the district (market) should be aligned with the management of house demolitions in line with their respective responsibilities.
Chapter II
Article 7. The units of the demolition of houses are allowed to build land planning permits, approval of national land use rights instruments, which may apply to the urban, district (market) urban home demolition management (hereinafter referred to as house demolition management) for the issuance of a notice of demolition.
The following activities shall not be carried out within an effective deadline for the issuance of demolition announcements by home demolition management:
(i) Construction, expansion and alteration of homes;
(ii) Changes in homes and land use;
(iii) Rental of homes;
(iv) Modalities for the change of business units relating to the compensation for evictions.
Housing demolition management should notify the relevant authorities in writing of the discontinuation of the procedures. The duration of the cessation shall not exceed one year; the demolition will need to extend the period of cessation, with the approval of the house demolition management to extend the period beyond one year.
Article 8. The demolition may be carried out when the units of the demolition of homes are granted permission for the demolition of homes.
In the absence of a housing demolition permit, home demolition management should be checked by law.
Article 9. Applications for a home demolition permit shall be submitted to the home demolition management for the following information:
(i) The construction project approval document;
(ii) Building a land planning licence;
(iii) National ownership of land use instruments;
(iv) Removal compensation funds from financial institutions designated by the house demolition management;
(v) Removal plans and demolition programmes.
Information provided under subparagraphs (iv), (v) of this article is required for the protection of buildings or changes in the use of homes in accordance with planning requirements.
Housing demolition management should review the application within 30 days of the date of receipt of the request; and, as a result of the review, grant housing demolition permits.
Article 10 The house demolition management, while granting home demolition permits, should give notice in the form of home demolition announcements.
Article 11. Demobilizing persons should entrust demolition units with the quality of house demolitions, and the parties have established a contract for demolition clearance. The dislocators should, within 15 days of the date on which the contract was delegated, entrust the removal of the contract to the house demolition management file.
Removal units mobilize demolitions and organize agreements on compensation. The dispersed units entrusted may not transfer demolition operations.
The house demolition management shall not accept the eviction authority.
Article 12 Delete the house to introduce a system of tendering.
The house demolitions should have a corresponding level of removal of the enterprise's qualifications and, in accordance with the prescribed period of evictions, the demolition of homes within the scope of the evictions and the identification of net olds and residues.
Article 13. Demobilizing persons shall carry out home demolitions within a period of time determined by a house demolition permit and demolition. After the demolitions were completed, the house demolition management was collected.
There is a need to extend the period of evictions, and the relocation of the demolitions should submit requests for extensions to the house demolition management by 15 days of the expiry of the relocation period; the housing demolition management should respond within 10 days from the date of receipt of the extension request for demolitions.
Article 14. The dispersion and the dispersion shall enter into a written agreement on such matters as compensation for demolitions, in accordance with the provisions of this approach.
Removal compensation agreements should be concluded in conjunction with the dispersed and house tenants. The public housing house was killed and a representative was chosen by the same family of cohabitants as the lessee to enter into a settlement indemnity agreement.
Housing demolitions are subject to demolitions, and the relocation indemnity agreement must be publicized by the public evidence and the preservation of evidence.
Article 15. The monetary compensation agreement shall contain:
(i) The area of construction destroyed by the house;
(ii) Currency compensation;
(iii) Modalities, duration;
(iv) Period of relocation;
(v) Liability for default;
(vi) Other matters agreed by the parties.
In addition to the provisions of the preceding paragraph (i), (ii), (iv), (v), (vi) and (vi) of this article, the value of the transfer of property should also be reflected in the value, area, location, floor floor, length of time for the household, the manner in which the difference is settled, the period of time.
Article 16, after the conclusion of the settlement indemnity agreement, the dispersed or rented persons refused to move within the period of relocation, may apply to the Arbitration Commission in accordance with the law and may also be prosecuted by law to the People's Court. During the course of the proceedings, the dispersion may apply under the law to the People's Court for implementation.
Article 17 removers from dispersed or dislocated persons, dispersed and house tenants are not allowed to enter the settlement indemnity agreement, and, upon request, are ruled by the house demolition management. The house demolition management is a dispersed person and is decided by the same-ranking people. Decisions shall be made within 30 days of receipt of the request.
There were more than 100 or more than 15 per cent of the total number of demolitions, and the management of house demolitions should be heard prior to the application of the decision. The parties may apply for administrative review or prosecution to the People's Court by law. In accordance with this approach, the dispersion has been granted monetary compensation to the dispersed or the provision of property relocated buildings, swing houses, and the execution of demolitions during the proceedings is not stopped.
Article 18 was left unremoved by a dispersed person or by a house tenant within the period of relocation provided for in the decision, by a time-bound relocation decision by the Government of the city, the district (market) and tasked with enforcing forced evictions in the relevant sectors or by a house demolition management to apply to the people's courts for forced evictions.
The management of house demolitions shall apply for administrative forced evictions and shall conduct hearings.
In the event of forced evictions, the demolitions should be preserved by evidence to the public evidence authorities on matters related to the demolition of homes.
Article 19 Demobilization and related units shall not stop the water supply, electricity, gas and heating of unremovable dispersed persons or home users within the period of relocation agreed or adjudicated;
The dispersion shall not be charged to the dispersed persons for all costs unlawfully and shall not be charged to other units and distributors.
Article 20 has not yet completed the transfer of construction projects for the removal of compensation, which should be transferred to the transferee, with the consent of the home demolition management. The transferee and the transferee shall notify the dispersed in writing and inform the transferee within 30 days of the date of the contract.
Article 21 Compensation funds for the demolition of homes should be stored in full and all for the relocation of homes without diversion.
The management of house demolitions should monitor the storage and use of the funds for demolition compensation.
Article 2 concerns military facilities, churches, temples, monumental monuments and the protection of buildings and the protection of homes in the street, in accordance with the relevant legislation, regulations and regulations.
Article 23. The management of house demolitions should establish, improve the management system for the demolition of archives.
Article 24 Removal of urban homes is charged by the home demolition management in accordance with the relevant provisions of the State and the province.
Chapter III Removal compensation
Article 25. Removal compensation can be applied in monetary terms or in the form of housing property transfer.
In addition to article 32, paragraph 2, of this approach, article 33, the dispersed may choose the means of relocation.
Article 26 monetary compensation refers to the determination of the amount of compensation at the real estate market rate based on the location, use, construction area, and new factors of the dispersioned houses, which are reimbursed by the dispersed in monetary terms to the dispersed.
The relocation of home property means the calculation of compensation for the demolition of houses by the dispersed and the relocation of the dispersed, as provided for in this approach, and the closing of the price of the relocated homes by the dislocators as a means of redress for the dispersion of the property.
The price of the relocated houses is determined in accordance with the Modalities for Removal of Urban Housing in the Blackon Province.
Article 27 does not compensate for the unlawful construction and temporary construction beyond the period of ratification.
Article 28 Removal compensation is calculated in accordance with the construction area of the destroyed homes. The area of house demolitions is determined by a home ownership certificate or by a lease. The rental use certificate does not indicate the area of construction and is subject to conditions of measurement and is measured in terms of the area of actual measurement; there is no condition to measure the use of the area indicated by the lease licence is calculated as the area of construction according to the required factor. The conversion factor is determined by the construction of administrative authorities with the relevant sectors.
The amount of monetary compensation is determined by an evaluation of the quality of the relocation assessment by the dislocators, which is based on the date of the relocation of demolitions approved by the home demolition permit.
The specific approach to monetary compensation assessment is set out separately.
Article 33, prior to the conclusion of the settlement indemnity agreement, the assessment body shall be subject to social oversight by making the name, address, assessment methodology, assessment of the results of the removal. The demonstration was 7 days.
The dislocating party contests the results of the assessment and, within 5 days of the date of the closure, requests for review to the original assessment body or, by drawing lots, other relocation indemnity assessment agencies have been entrusted with a review of the demolitions. The former assessment body shall respond within 5 days of the date of receipt of the written review request. The assessment body otherwise commissioned shall have an assessment report within 10 days of the date of receipt of written requests. The dislocating party continues to oppose the review, the results of the review, and requests for accreditation should be made to the Technical Identification Committee for the Removal of Housing, within five days after the review, the outcome. The Technical Accreditation Commission shall have written observations within 10 days of receipt of the request. The findings are used as a basis for the removal compensation and decision.
Article 31 of the Convention on the Elimination of All Forms of Discrimination against Women and the Housing of Persons with Disabilities who have lost their labour capacity and have no means of living should be taken care. Specific approaches are developed separately.
Article 32 dismantles the rental of homes, dispersed persons are removed from the lease relationship with the tenants of the house or are placed by the dispersioners on the house's tenants and the dispersion is compensated for the demolitions.
The removal of the lease relationship between the dispersed and the home's tenants is not in agreement, and the removal of the property rights of the dispersed should be carried out. The property transferee's home was leased by the former house tenant and the dispersed should re-establish the housing lease contract with the former tenants.
Removal houses are provided by dispersed persons or by dispersion.
Removal houses are housed and, after the assessment by the assessment body of the amount of monetary compensation, the remaining portion of the amount of compensation paid to the tenants of the house, in consultation with the tenants, may be paid in conjunction with the newly established amount of compensation.
Removals of homes have been made in conjunction with new compensation assessment standards.
Article 33 of the demolition of houses has the following circumstances, which apply to the redeployment of home property:
(i) The lack of property rights for the house of the dispersed and the existence of a dispute over the property;
(ii) A total of property rights removed from the house did not agree on monetary compensation;
(iii) The demolition of houses involves property rights or the use of rights disputes by the People's Court, which have not been implemented.
Article 34 provides for monetary compensation, and the dispersion shall, within 7 days of the conclusion of the settlement indemnity agreement and the relocation of the receipt, open a bank deposit name on behalf of the dispersed.
The dispersed were granted monetary compensation to the dispersed person or the transfer of property to house demolitions. In accordance with article 32, paragraph 4, of this scheme, the dispersion is granted to the tenants of the house and their cohabitants.
Article 33 fracture house demolitions and demolitions should propose compensating programmes to carry out demolitions after approval by the house demolition management. The demolitions should be preserved by the public evidence authorities on matters related to the demolition of houses.
Article 36 dismantled houses with mortgage rights, in accordance with the State's law relating to security.
Article 37 should pay for relocation grants to the dispersed or the home tenant.
The dispersion pays the temporary settlement grant for the transfer of property rights to the dispersed or the public-owned tenants who are at their disposal during the transition period.
The relocation subsidy standard and the criteria for temporary settlement grants are presented by the house demolition management and published after approval by the same-ranking people's Government.
Article 338 is due to the discontinuation and suspension of work caused by the demolition of non-resident homes, and the removal of the person should be granted an allowance for loss on average in the last month of the eviction or the home tenant's previous year, as well as to the number of employees determined by the Integrated Fund for the Labour Insurance sector. For all persons involved in the rental of property, the price of the lease established under the rental contract for the processing of the related procedures by the property management is granted to the loss. The demolitions of rented homes for the execution of government-mandated rental standards are subject to the monthly rental rates of the former house.
A monthly loss benefit was granted to the dispersed for the application of monetary compensation; the introduction of a property transfer was unable to produce and operate the dispersed during the transition period.
A monthly loss benefit was granted to the surviving house.
Chapter IV Corporal punishment
Article 39 contains one of the following acts in violation of this approach, and is punished by the management of house demolitions in accordance with the following provisions:
(i) Without access to housing demolition permits for self-moval relocation, order to stop demolitions, alert them and break down the area of house construction up to 500,000 dollars per square m2;
(ii) The dispersion of units that do not have a dispersal nature to carry out demolitions, order the cessation of evictions, warnings that they can and afford to dislocate up to 3 per cent of the funds, in the event of serious circumstances, and revoke the home demolition permit;
(iii) The transfer of demolitions by the delegated removal units to the effect that they are redirected, confiscated proceeds of violations and fines of up to 50 per cent of the contractually agreed relocation service;
(iv) Without the demolition of units of the quality of the house demolitions, the removal of the demolition orders will cease and the imposition of a fine of up to 3,000 dollars for evictions and house demolition units, respectively;
(v) The removal of homes by the dispersion of the displaced person, which is not determined by a house demolition permit, is responsible for halting evictions, warnings and compensating for the removal of 3 per cent of the funds, in the event of serious circumstances, and for the suspension of the home demolition permit;
(vi) Removal of evictions by unauthorized extensions of the duration of demolitions, ordering to stop evictions, alerting them and compensating 3 per cent of the funds for evictions, in the event of a serious suspension of the home demolition permit;
(vii) During the relocation period agreed or adjudicated, the dispersion or the related unit shall impose a fine of more than 100,000 dollars for the dislocated or responsible units for the termination of the water supply, electricity, gas, heating, or the removal of the unremovable removal of the dispersed or housed houses within the time of separation;
(viii) Authorizes the non-existence of the evaluation of the quality of the relocation assessment, which imposes a fine of more than 3 per cent of the cost of removal compensation for the demolition; confiscation of proceeds of the law by the valuation institution and a fine of the proceeds of the violation;
(ix) The valuation body has shown a lack of justice or has a private fraud, misappropriation, confiscation of the proceeds of the valuation and a fine of one of the valuation proceeds.
In the case of an offence under subparagraphs (viii), 9) of this article, the valuation results were null and void, with the result being revoked by the licensee of the valuation body.
Article 40. Demobilization of evictions violates the provisions of this approach by deceiving access to housing demolition permits, by releasing home demolition management and compensating for more than 3 per cent of the funds.
Article 40, in violation of the provisions of this approach, should be punished by the public security sector in accordance with the relevant provisions of the Law on the Safety and Security of the People's Republic of China, and criminal responsibility is lawful.
Article 42
Article 43 does not agree on specific administrative acts, such as administrative penalties, administrative licences, and may apply to administrative review or administrative proceedings in accordance with the law.
Article 44 deals with penalties used and the treatment of penalties, in accordance with the relevant provisions of the State and the province.
Chapter V
Article 42 of this approach provides housing demolition permits prior to their operation and has been implemented for demolitions, and is still being implemented in accordance with the original demolitions.
Article 46 provides for land demolitions in foreign countries in urban planning areas, which may be implemented in the light of the provisions of the scheme.
Article 47 is implemented since the date of publication. The Modalities for the Removal of Urban Housing in Harhama City, issued by the Government of the city on 18 April 2002, were also repealed.